MONTREAL - The lawyer for Adil Charkaoui says she will file a motion Tuesday to have the security certificate against her client quashed.

Dominique Larochelle says the government's case against him has little credibility. Charkaoui is in court this week for a bail hearing, his fourth since being arrested in May 2003.

Her decision follows a revelation that CSIS destroyed key notes upon which part of its case is based.

CSIS has always maintained Charkaoui was a sleeper agent for al-Qaeda. The Moroccan-born man has lived in Montreal since 1995.

Documents released by CSIS allege that Charkaoui was a member of the Moroccan Islamic Combatant Group. Spanish officials say the group is linked to al-Qaeda and responsible for the Madrid bombing last year which killed 191 people.

In 2002, intelligence agents did two interviews with Charkaoui. They wrote a report based on those interviews and the report is now part of the evidence against him.

Larochelle would like to see the notes or hear a recording of those meetings.

Larochelle says Charkaoui gave information to CSIS that was favourable to his case but he's now denied access to it in preparing his defence.

On Monday, government lawyer Daniel Roussy told the court that notes from the interviews were destroyed and he does not know if there is a recording.

This completely undermines the case against Charkaoui, Larochelle told the court Tuesday.

She says CSIS agents do not follow the same procedures as police officers collecting evidence after a crime, nor do they have the same regard for legal rights.

All of the information they've collected in the Charkaoui case is suspect, Larochelle says.

Roussy says the procedures followed are normal in the case of security certificates. He says the security certificate is part of an immigration process and does not have to follow the rules of criminal law.